Enforcement of Arbitral Awards: The Role of Courts at the Seat
pages 69 - 86
ABSTRACT:

When the New York Convention was drafted, one of its fundamental aims was to provide for a uniform system of enforcement of arbitral awards. One noteworthy feature of the New York Convention is that it has done away with the double exequatur requirement that was an element of the Geneva Convention for the Execution of Foreign Arbitral Awards 1927. However when an award is enforced, both the courts at the seat and those at the place of enforcement still have distinct roles to play. When an award is challenged, the proper forum to do so is at the court at the seat. These decisions should be given comity by foreign courts. However, this does not always hold true, largely due to subtle differences in laws in various jurisdictions, namely what is considered against public policy. This article will look at whether there is a diminished importance of courts at the seat of an arbitration and the role of courts at the seat in the enforcement of awards.

keywords
award
challenge
comity
domestic public policy
double exequatur
enforcement
European Convention
forum
Geneva Convention
international public policy
issue estoppel
judicial review
jurisdiction
local standard annulment
Model Law
national courts
New York Convention
Panama Convention
public policy
res judicata
seat
Set aside
supervisory court
territoriality
transnational legal autonomy
about the authors

Michael Dunmore is an associate in the Dispute Resolution group at Baker & McKenzie (Gaikokuho Joint Enterprise) in Tokyo. His practice focuses on international arbitration.

He completed his LL.M. in International Commercial Arbitration Law at Stockholm University, as well as his LL.B. at the University of Sydney; Master of Criminology at the University of Sydney and B.A.(H) at the University of Windsor.

Michael is a dual qualified solicitor admitted to practice in England and Wales and in New South Wales, Australia. He has worked at numerous arbitration centres across Asia and in the international arbitration practice group of an international law firm in London. Michael has published various articles on international commercial arbitration.

e-mail: michael.dunmore@bakermckenzie.com